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DEDICATION OF PUBLIC SHOOTING GROUNDS.

An Act to set aside the submerged and swamp lands in the state of Michigan

bordering upon the Great Lakes and the bayous thereof for a public park, defining the limits thereof and providing for its care and management.

[Act 171, P. A. 1899.]

The People of the State of Michigan enact:

SUBMERGED OR SWAMP LANDS DEDICATED AS HUNTING GROUNDS.

(372) § 400. SECTION 1. That all of the swamp or submerged lands lying along the borders of Lakes Erie, Huron, Michigan, Superior and St. Clair, except such parts of the “St. Clair Flats,” so-called, as shall have been, prior to January first, eighteen hundred ninety-nine, actually occupied, built up, cultivated or improved to the extent of at least twenty-five dollars, within the boundaries of the state of Michigan, and within the limits hereinafter described, and also all swamp or submerged lands adjoining said lakes, or in the bayous 'adjoining or emptying into said lakes, which now belong to the state of Michigan, or to which the state of Michigan shall hereafter acquire title, shall be and hereby is set apart and dedicated for a public shooting and hunting ground, for the benefit and enjoyment of the people of the state of Michigan. This park so set aside shall extend to the state line into the respective lakes from the shore line thereof, and the outer boundary thereof shall be the center line of said lakes or the boundary of said state, and shall include all swamp or submerged lands lying between said shore line and outer boundary: Provided, That no premises here described shall be deemed to include any islands in any of the said lakes to which the state of Michigan has not title, unless the state shall first acquire such title. Said park shall also include the swamp or submerged lands owned by the state aforesaid or hereafter acquired by the state, bordering upon said lakes or in or upon the bayous emptying therein.

SWAMP OR SUBMERGED LANDS HEREAFTER ACQUIRED. (373) § 401. SEC. 2. Should the state of Michigan hereafter acquire title to any swamp or submerged lands within the limits aforesaid or bordering upon said lakes, or in or upon any bayou emptying into the same, whether by purchase, escheat, forfeiture, tax bid or tax title, the same shall be, by operation of this act included in said park and shall not thereafter be offered for sale by the state.

GROUNDS SUBJECT TO FISH AND GAME LAWS. -XAVIGATION.–RIPARIAN RIGHTS.

(374) § 402. SEC. 3. This reservation and dedication shall not interfere with or detract from any rights or privileges of fishing now enjoyed by private persons or the public, but the said park shall be subject to the fish and game laws of this state in the same manner as though there had been no dedication. The waters in this park shall be free for all purposes of navigation. This act shall not be deemed to interfere with the common law right of riparian owners to dockage and wharfage, nor to interfere in any manner with dock or harbor lines or regulations of any municipality or of the state.

WIIO DEEMED TRESPASSERS.

(375) § 403. SEC. 4. All persons who now have or shall hereafter locate upon any part of the park here set aside, or who shall occupy the same, except as herein provided, shall be deemed trespassers against the state of Michigan, and an action may be brought against such persons in the name of the people of the state of Michigan by the prosecuting attorney or the board of supervisors of any county in which such trespass occurs, or by either the auditor general of the state of Michigan or the commissioner of the state land office; and no statute of limitations shall be deemed operative against the state so as to bar any suit or proceeding brought by or on behalf of the state regarding the possession of such swamp or submerged lands.

BOARD OF SUPERVISORS TO HAVE CONTROL.

(376) § 404. SEC. 5. The board of supervisors of each county shall have the care and control of that part of said park within its own boundaries and that part lying opposite and immediately adjoining in the Great Lakes. The respective boards of supervisors, in their discretion, may allow the cutting or the destruction of the rushes and submarine vegetation growing in said park in or opposite their respective counties.

UNLAWFUL TO DESTROY RU'SHES, ETC., WITHOUT CONSENT.—PENALTY. (377) § 405. SEC. 6. It shall be unlawful for any person to cut or otherwise destroy, or cause the same to be done, any rushes or other submarine vegetation growing on this park without the consent of the board of supervisors of the county to which such portion of said park is immediately adjoining; and any person or persons who shall wilfully cut or destroy the same, or cause the same to be done, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, at the discretion of the court.

UNLAWFUL TO DRIVE DUCKS AWAY FROM PERSON HUNTING.–PENALTY.

(378) § 406. Sec. 7. It shall be unlawful for any person or persons to wilfully scare or drive' wild ducks or other wild water fowl, or cause the same to be done, from or away from any person lawfully hunting the same within said park, for the purpose of depriving or attempting to deprive such person of any or all of his opportunities of shooting or hunting such wild duck or other wild water fowl; and every person so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, at the discretion of the court. Nothing herein contained shall be deemed to detract from the right of passage over said waters, in good faith, or in the ordinary course of navigation.

An Act to set apart certain swamp lands in Wild Fowl bay in township sixteen

north, range nine east, in the county of Huron in this state, for public shooting grounds.

[Act 66, P. A. 1891.]

The People of the State of Michigan enact:

PUBLIC SHOOTING OR HUNTING GROUND.

(379) § 393. SECTION 1. That all of the lands belonging to the state of Michigan and being in township sixteen north, range nine east, in Wild Fowl bay, in the county of Huron, in this state, commonly known as the “middle ground," lying between Maison [Maisou) island, in Saginaw bay, and the main land, shall be and is hereby set apart and dedicated for a public shooting or hunting ground for the benefit and enjoyment of the people of this state.

WHO DEEMED TRESPASSERS.

(380) § 394. Sec. 2. All persons who now have or shall hereafter locate upon or occupy any part of such lands except as herein provided shall be considered trespassers and may be prosecuted as trespassers upon the public lands in the manner now provided by law.

LAWFUL TO HUNT IN SEASON.

(381) $ 395. SEC. 3. It shall be lawful for any and all persons to go upon any parts of said lands at any and all times permitted by the game laws of this state for the purpose of hunting or shooting wild fowl or game thereon; but no person or persons shall hunt or shoot wild fowl or game on said lands or any part thereof at any season or time or manner not permitted by the game laws of this state, and any person violating any game laws of this state by hunting wild fowl or game on any of said lands shall be punished as provided by law.

WHO TO CONTROL GROUNDS. --RULES AND REGULATIONS.-ENFORCEMENT.

PENALTY FOR VIOLATION.

(382) § 396. Sec. 4. Said public shooting grounds shall be under the control of the commissioner of the state land office (a) of this state. The said commissioner shall have authority to make, publish and enforce such reasonable rules and regulations for the care and preservation of the said shooting grounds, for the maintenance of good order and for the protection of property as shall from time to time be deemed necessary or expedient. Whenever the said commissioner shall make any rules or regulations pertaining to the management or welfare of said shooting grounds he shall have authority to enforce same and to cause offenders and persons violating any rules and regulations prescribed to be punished therefor in the manner set forth in this act. All rules and regulations made by the said commissioner under the authority of this or any other act shall be effective within the whole territory referred to in this act. Any person who violates any of the provisions of this act or any of the rules and regulations prescribed by the said commissioner shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars or by imprisonment for a period of not less than ten days nor more than sixty days, or both such fine and imprisonment in the discretion of the court.

(a) Succeeded by the public domain commission. Duties of the latter transferred by Act 17, P. A. 1921, to the department of conservation. See secs. 1-4.

An Act to protect game in the public shooting grounds as designated in act sixty

six, public acts, eighteen hundred ninety-one, and on the Dafoe and Maisou islands in the township of Fair Haven, and on the waters and marshes of Rush lake in the township of Lake, Huron county.

[Act 274, P. A. 1905.]
The People of the State of Michigan enact:

UNLAWFUL TO SET FIRE ON GROUNDS.

1383) SECTION 1. It shall be unlawful for any person or persons to set fire or to cause fire to be set on any of the public shooting grounds as designated in act sixty-six, public acts of eighteen hundred ninety-one.

(a)

POSSESSION OF FIREARMS DURING CLOSED SEASON.

(384) Sec. 3. It shall be unlawful for any person or persons to carry or have in possession any firearms during the closed seasons in each year on ducks, on the Dafoe or Maisou islands, in the township of Fair Haven; on the waters and marshes of Rush lake in the township of Lake, Huron county, and on the public shooting grounds as designated in act sixty-six, public acts of eighteen hundred ninety-one.

Sec. 2 is inconsistent with Act 183 of 1909.

See sections 357-61.

PENALTY. (385) SEC. 4. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty dollars and not more than one hundred dollars, and the costs of prosecution, and in default of the payment thereof, shall be confined in the county jail until such fine and costs shall be paid, but such confinement shall not exceed ninety days.

(H). See sections 870.82.

An Act to protect game in the public shooting grounds as designated in act sixty

six, public acts of eighteen hundred ninety-one, in the township of Fairhaven, Huron county.

[Act 134, P. A. 1907.)

The People of the State of Michigan enact:'

PROTECTION OF FUR-BEARING ANIMALS.

(386) SECTION 1. It shall be unlawful for any person or persons to kill, destroy or take, by any means whatsoever within the limits of the public shooting grounds, as designated in act sixty-six, public acts of eighteen hundred ninetyone, any muskrat, mink or other fur-bearing animals, except during the months of November and December of each year.

See sections 379-82.

PENALTY.

(387) SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof, may be punt ished by a fine of not to exceed thirty dollars for each offense, and in default of payment thereof, by imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment, in the discretion of the court.

Sec. 3 repeals inconsistent acts.

An Act to set aside certain submerged lands in Lake Erie and Detroit river lying

east of and adjacent to Monroe and Wayne counties, for public shooting grounds, to make it unlawful to cut and destroy the rushes and other submarine vegetation on such submerged lands and to provide a penalty therefor.

[Act 112, P. A. 1895.]

The People of the State of Michigan enact:

PUBLIC SHOOTING GROUNDS DEFINED.

(388) SECTION 1. That all that part of Lake Erie lying adjacent to the surveyed lands of Monroe and Wayne counties and any submerged lands within the surveyed lines of said counties and connected with Lake Erie and Detroit river, providing such surveyed lands are owned by the state of Michigan, shall be and hereby are set apart and dedicated for a public shooting or hunting ground for the benefit and enjoyment of the people of the state of Michigan, for a distance extending one mile into said Lake Erie, the eastern line of the submerged lands and waters hereby reserved being one mile distant from the surveyed lines of the east side of said counties and parallel thereto: Provided, That this reservation and dedication shall not interfere with, or detract from, any rights or privileges as to fishing now enjoyed by any person, or the public.

WHO CONSIDERED TRESPASSERS.

(389) SEC. 2. All persons who now have, or shall hereafter locate upon any part of such submerged lands or lake, or occupy the same except as herein provided, shall be considered trespassers and may be prosecuted as trespassers upon the public lands in the manner now provided by law: Provided, That such waters shall be free for all purposes of navigation.

UNLAWFUL TO CUT OR DESTROY RUSHES OR OTHER VEGETATION-PENALTY.

(390) SEC. 3. It shall be unlawful for any person to cut, or otherwise destroy the rushes and other submarine vegetation growing out on such reserve without the consent of the board of supervisors of said counties, and any person or persons who shall wilfully cut or destroy the same, or cause the same to be done, knowingly, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars, or imprisonment in the county jail of said Monroe or Wayne county not exceeding ninety days.

An Act to regulate the hunting of wild ducks and other wild water fowl in the

public waters of Lake Erie within this state, and providing a penalty for violations of the provisions of this act.

[Act 283, P. A. 1897.]

The People of the State of Michigan enact:

UNLAWFUL TO DRIVE WILDFOWLS FROM PERSON HUNTING.--PENALTY.

(391) SECTION 1. That it shall be unlawful for any person or persons to wilfully scare or drive wild ducks or other wild water fowl, or cause the same to be done, from any person lawfully hunting the same on the public waters of that part of Lake Erie within the state of Michigan, for the purpose of depriving or attempting to deprive such person of any or all of his opportunities of shooting or hunting such wild ducks or other wild water fowl, and every person so offending, upon conviction, shall pay a penalty of twenty dollars and costs of suit, which penalty shall be recovered by action brought by the prosecuting attorney of the county where the penalty is incurred, in the name of the people of the state of Michigan: Provided, Nothing herein contained shall be deemed to detract from the public right of passage over such waters in the ordinary course of navigation.

DISPOSITION OF FUNDS.

(392) SEC. 2. All sums recovered by virtue of this act shall be turned into the county treasury.

An Act to license and permit the taking of wild migratory waterfowl for pur

poses of propagation; to provide for the sale and transportation of such waterfowl; and prescribing the powers and duties of the state game, fish and forestry warden in connection therewith.

[Act 270, P. A. 1919:]
The People of the State of Michigan enact:

MAY TAKE WILD MIGRATORY

WATERFOWL FOR PROPAGATION.--LICENSE.

(393) SECTION 1. A person may take in any manner and at any time wild migratory waterfowl and their eggs for propagating purposes when authorized by license issued by the state game, fish and forestry warden. Waterfowl and their eggs so taken may be possessed by the licensee and such birds, tagged as provided in this act, and eggs thereof may be sold and transported by him for propagating purposes to any person authorized by law to possess them.

WHAT LICENSE TO AUTHORIZE,

(394) SEC. 2. A person authorized by a license issued by the state game, fish and forestry warden may possess, buy, sell, and transport within or without the state migratory waterfowl and their increase tagged and marked as provided in this section, and their eggs, in any manner, and at any time, for propagating purposes; and migratory waterfowl tagged and marked as herein provided, except birds taken as provided by section one of this act, so possessed, may be killed by him, at any time, in any manner, except that they may be killed by shooting only during the open season for waterfowl in this state, and the carcasses

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